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Byron Shire
May 19, 2022

Developers request to build manufactured homes onsite in Tweed refused

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Requests for a review of conditions in relation to the building and further development of manufactured homes at 30 Fraser Drive, Tweed Heads South were both refused at last week’s Tweed Shire planning meeting. 

The first of the two requests was for a variation of the condition of consent to allow the manufactured homes for sites 39, 40 and 85 to 96 to be built onsite.

Cr Polglase once again argued for allowing the manufactured homes to be built onsite.

Mayor Chris Cherry (Independent) put the motion not to support the change to the conditions which was seconded by councillor Noal Firth (Greens).

‘The motion is that we continue to uphold the exclusion. So that we are not supporting to review those conditions, or any changes to those conditions,’ said Mayor Cherry. 

‘There is an approval here that has been made. When we gave that approval we considered the impacts of the construction of the manufactured homes on-site and offsite. 

‘The issue is that we have a duty of care to protect the amenity of the residents that are around this park. Under section 82 reviews council can only grant a variation if the council is satisfied that the variation is well-grounded. From reading the report it is pretty obvious that we are not satisfied. I think that the definition of being well-founded is “if council is satisfied that no person, or person of interest, will be adversely affected by the variation”. That’s the key point in this consideration. I think that the homes that are built close to sites 85 to 96 and sites 39 and 40 are within a very, very short distance, I think the closest is within four metres of these house sites. To have those constructed right there is a very big consideration. That’s why we do have as part of the regulation of manufacturer homes off-site, it is to protect the amenity of the people around. I think it is really important that we uphold that. 

‘It is quite clear from the report that the mitigation measures that have been put in place are not going to provide adequate noise attenuation, at best five decibels. The report says where the construction works are above the height of the fence then they provide none at all. Unfortunately, the variation request is not well-founded and can’t be supported at this point.’

However, councillor Warren Polglase disagreed pointing out that the site has already had five months of ‘bulldozers and front end loaders running around this site’.

‘The site has been filled, and there has been block work been done and footings laid. So to talk about the noise factor. It is the opinion by council officers that there is a noise factor building homes. Well, there has been more noise being created by the activity of the construction of the site than what there would be building the homes.’

Councillor Polglase went on to point out that in other construction projects neighbours had no choice but to put up with the noise and that was why there were regulations around the hours construction could take place on any given site. 

Risk of further action?

‘I really can’t see how the issue that is being spoken here is going to create a lot of noise, in conjunction with what has been happening on the site in the present,’ said Cr Polglase. 

‘I would suggest to council in making this determination and they should give valid reasons why they don’t support it because you don’t know where this may finish up.’

When questioned about the requirement by law for reasons of rejecting the request staff told Mayor Cherry that there was no such requirement. 

Fire and noise regs

The second request by the developers of the manufactured home estate related to the inclusion of pergolas that required variations to site coverage, open space and site boundary arrangements. 

Mayor Cherry once again move a motion not to support the variation request seconded by councillor Merideth Dennis (Independent). 

‘The idea of site coverage is that we do allow sufficient space between setups. The request is that we allow them to put pergolas, that are moveable or openable rooves that are attached to the homes,’ explained Mayor Cherry. 

‘Unfortunately, they provide zero setbacks to the next site. I do believe that in terms of fire regulations and noise amenity impacts this is not something I can support.’

Both motions saw councillor Polglase vote against and support the developer’s requests. Deputy Mayor Reece Byrnes was absent from the meeting and the rest of the councillors supported the motion.

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